업무상횡령등
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 10,000,000.
The above fines are imposed by the Defendants.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendants (each of six months of imprisonment, each of two years of suspended execution, each of two years of community service order 120 hours) is too unreasonable.
2. The crime of occupational embezzlement committed by the Defendants in collusion with the Defendants is not good, the amount of damage is significant, and the Defendant A conspired with Defendant B, in addition to the crime of occupational embezzlement, committed another crime of occupational embezzlement and occupational breach of trust, and the amount of damage is also a significant disadvantage to the Defendants.
However, the defendants reflect their criminal acts, there was no record of punishment of the same criminal record and imprisonment without prison labor or heavier punishment against the defendants, the defendants agreed that the defendants paid KRW 100 million to the victim for the recovery of the victim's damage. In the case of the crime of occupational embezzlement in 2011, the defendant Gap committed the crime according to the orders of the defendant Eul, and the defendant Gap lent 210 million won to the victim company's operating fund from March 2012 to August 2012, but the defendant Eul was unable to receive the above money due to the company's bankruptcy, but the defendant Eul provided the victim company's apartment and land share as collateral and provided joint and several sureties for the victim company's operating fund loan, but since the victim company was unable to repay the money, the defendant Eul sold the above real estate and lost its base of life due to the sale of it, and the defendant Gap paid the defendant's age, character and behavior, and other prescribed conditions of punishment under Article 51 of the Criminal Act.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again decided as follows.
[Discied Judgment] Criminal facts and charges.